Hospital Falls and Medical Malpractice Liability

When Connecticut residents are injured in an accident because of the negligence of someone else, they may be able to seek compensation for costs relating to the accident. Personal injury lawsuits might involve motor vehicle crashes, dog bites or slip and fall accidents. However, there are some questions about whether slip and fall incidents taking place in a hospital fall under the category of medical malpractice or not.

Hospital slip and fall cases involve challenges in some states because there are steps one must complete to file a medical malpractice claim that are not required for other negligence cases, and the type of case one has influences other factors like strategy and cost. In states with strict medical malpractice requirements, lawsuits involving hospital slips and falls might get thrown out for procedural reasons if they are framed as medical malpractice cases.

States with strict medical malpractice rules may require that a plaintiff get a confirmation from a medical expert that medical negligence took place before a case can continue. If the necessary medical opinion is not given by an expert, a case can be thrown out. There were cases in 2015 where it was decided that there was not a strong enough relationship between the provision of health care and a fall to allow a medical malpractice lawsuit to proceed.

The challenges presented with slip and fall accidents in hospitals show how heavily regulated this kind of litigation can be. Even with cases about surgical errors or misdiagnosis, there are several rules in place that safeguard medical staff so that they have the ability to do their jobs without fear of frivolous suits. This can make it difficult for those with valid cases to get the compensation they may deserve, and the assistance of an attorney may be vital when pursuing a medical malpractice case.